JUDGE RECUSES SELF FROM SOWORE’S SUIT AGAINST STATE SECURITY SERVICE
The Publisher argued in the suit that his continuous detention by the agency is illegal and violated his fundamental rights to liberty as guaranteed by Section 35 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act (CAP A10) Laws of the Federation of Nigeria 2004.
Penpushing further reports that, Sowore is asking the court to order the State Security Service(SSS) to pay him N500 million as damages for his detention and violation of his fundamental rights, and his lawyer sought, “an order of this court compelling the respondents to pay to the applicant the sum of N500,000, 000, 00 ( Five hundred million naira) as general and aggravated damages for the illegal violation of the applicant’s fundamental right to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.
“An order of perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and however without lawful justification”, the suit reads
Penpushing also reports that the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami. Were joined in the suit, but when the matter came up for hearing on Monday before the vacation judge, the court held that it cannot preside over the matter.
The judge posited that, Sowore had on two occasions accused him of receiving bribe in a certain matter, arguing that, “this applicant is the Publisher of Sahara Reporters. Sometimes in 2016, the same outfit accused me of taking money in a matter to compromise the cause of justice and I returned the case file to the then chief judge,” .
Penpushing reports that, Mohammed mentioned the intervention of two Senior Advocates in the matter, Rotimi Jacob and Joseph Daudu, who he said argued the case should not be reassigned and that the Chief judge should return the file back to him, adding that, “It was returned back to me and I continued with the matter,” .
The judge said a similar incident occurred earlier this year,stating that,“again, this year around June again, the same paper accused me of taking money again on the same case. So I had to hands-off again and then it was reassigned to Justice Okon Abang, who is now handling the matter’.
“The case may go either way. It may succeed. It may fail. If my orders are not favourable to him, it would be seen as vengeful or while proceedings are ongoing, applicants will be apprehensive about what judgment I would give’, he explained.
